An analysis of court decisions involving drowning and near drowning from the year 2000 to the year 2006, taken from the Lexis/Nexis data retrieval system, serves as the bases for the presentation. Lexis/Nexis legal system records court of appeals decisions only; this means that the cases have been through the trial court and have been appealed to a higher court. Among the research questions answered are: who was the injured party, where did the incident occur, when did the incident occur, and how did the incident occur. Particular attention is devoted to identifying the age of the person and the parties involved in the incident. Among the litigation issues are who was successful in the court on each count of the complaint and why, the number of trial court decisions reversed and why, and the role of immunity in arriving at various decisions. Among the aquatic issues are the level and quality of supervision, the skill of the injured person, location of the incident, and access to immediate and temporary care. Recommendations defending the two-edged sword, drowning and litigation, based on the data, will be presented. Ample time for questions and discussion will be provided. ANNIE CLEMENT, Professor of Sport Management in the College of Business, Saint Leo University, Saint Leo, Florida, is the author of Law in Sport and Physical Activity, Legal Responsibility in Aquatics and Teaching Physical Activity. Twenty book chapters, seventy articles and over one hundred and fifty presentations are among her achievements. Her favorite areas of research are risk management, aquatics, intellectual property, antitrust and gender equity. Annie Clements’ doctor of philosophy is from the University of Iowa and her doctor of law is from Cleveland State University, Cleveland, Ohio. She has studied at Cambridge University and the University of Oslo. Dr. Clement is licensed to practice law in the State of Ohio. Among her teaching position are the University of Iowa, The Ohio State University, Florida State University, Bowling Green State University in Ohio and Cleveland State University. She was head synchronized swimming coach at both the University of Iowa and the Ohio State University. In addition to her role as a distinguished speaker at twelve different universities, Dr. Clement has been awarded numerous honors, including, Fellow, American Bar Foundation; Nonprofit Lawyers Award, American Bar Association; President, National Association for Sport and Physical Education (NASPE); President, Ohio Teacher Educators; Sport and Recreation Lawyers Association Leadership Award; American Alliance for Health, Physical Education, and Dance Honor Award, Aquatic Council Merit Award, and the NASPE Joy of Effort Award. She also received the Ohio AAHPERD Honor Award, Tsunami Spirit Award from the Aquatic Therapy and Rehab Institute; the Susan B Anthony Award from the Ohio National Organization for Women; and the Honor Award from the National Council for Cooperation in Aquatics.
|
